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- Volume 12, Issue 3, 2011
ESR Review : Economic and Social Rights in South Africa - Volume 12, Issue 3, 2011
Volume 12, Issue 3, 2011
Author Gladys Mirugi-MukundiSource: ESR Review : Economic and Social Rights in South Africa 12, pp 2 –3 (2011)More Less
This is the third issue of the ESR Review for 2011. It is a special issue that focuses on and explores the interplay between access to socioeconomic rights in the context of persons with disabilities and the needs of persons with disabilities to have economic and social security. Such a focus is timely and appropriate in light of ongoing legal and policy initiatives by South Africa to give effect to the international standards and norms protecting persons with disabilities.
Some reflections on the draft African Disability Protocol and socio-economic justice for persons with disabilities : feature 1Author Juliet MureriwaSource: ESR Review : Economic and Social Rights in South Africa 12, pp 3 –6 (2011)More Less
The focus on the rights of persons with disabilities on the African continent dates back to the 1980s. It can be traced to an African regional conference on the International Year of Disabled Persons (1981) held in Ethiopia. However, the idea of an Africa-specific disability rights instrument is fairly new. The first call by the African Union for such an instrument was only made in 2003. The African Union has observed that the rights of persons with disability are not adequately protected, and has called upon its member states to develop a protocol on the protection and promotion of the rights of persons with disabilities (Resolution ACHPR/Res.143 (XXXXV) 09, adopted during the 45th ordinary session of the African Commission on Human and Peoples' Rights, 13-27 2009, Banjul, The Gambia).
Women with disability - the most vulnerable among the vulnerable with regard to their right to health : feature 2Source: ESR Review : Economic and Social Rights in South Africa 12, pp 6 –9 (2011)More Less
'Disability' is one of those words whose definition tears apart scholars and policy-makers. Even people regarded as 'disabled' disagree with the definitions of the word, arguing that they are the product of disadvantage and restrictions imposed by society to exclude them from mainstream activities (UPIAS, 1976: 14). Sadly, that is true, since the definition of the word 'disability' always has a negative connotation. 'Disabled' is also seen as a derogatory word; hence the use of 'persons with disabilities' in most discourses. According to the Convention on the Rights of Persons with Disabilities (CRPD), a person with disability is one who has a long-term physical, mental, intellectual or sensory impairment which may hinder her/his full, effective and equal participation in social activities (article 1).
The duty to provide basic education for children with severe and profound intellectual disabilities : case reviewAuthor Nkatha MurungiSource: ESR Review : Economic and Social Rights in South Africa 12, pp 10 –12 (2011)More Less
The applicant in the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa and Government of the Province of the Western Cape was a body comprising various non-governmental organisations (NGOs) that care for children with severe and profound intellectual disabilities in the Western Cape. The applicant's case was that the state's financial provision for children with severe or profound intellectual disabilities was much less than that provided for other children, that such provision was inadequate to cater for the educational needs of these children, and that the money was only available when NGOs provided the facilities. (Children with an IQ of 20 to 35 are considered severely intellectually disabled, while those with an IQ below 20 are deemed to have profound intellectual disability.) It was argued that these circumstances infringed the rights of the children concerned to education, equality, human dignity and protection from neglect and degradation.
The practical implications of the Social Assistance Amendment Bill 2010 for persons with disabilities : legislative and policy reformAuthor Yvette WiidSource: ESR Review : Economic and Social Rights in South Africa 12, pp 13 –15 (2011)More Less
Arguably one of the most important rights in the Bill of Rights of the South African Constitution is the right to equality. Section 9 of the Constitution provides that 'everyone is equal before the law, and deserves equal protection of the law'. In addition to the right to equality, numerous other rights have been identified as playing a major role in protecting the quality of life of South African citizens and residents. These rights are socioeconomic rights and include the right to housing, water, basic health care, access to social security, and life (see Khoza and others v Minister of Social Development and others 2004 (6) SA 504 (CC) for the inclusion of permanent residents in the scope of application of socio-economic rights in South Africa). According to Strydom (2006: 247), the right to equality is the guarantee to all citizens and permanent residents of South Africa that they may enjoy the socio-economic rights enshrined in the Constitution equally.
Human rights forums and the Convention on the Rights of Persons with Disabilities in KwaZulu-Natal : project review 1Source: ESR Review : Economic and Social Rights in South Africa 12, pp 15 –18 (2011)More Less
South Africa ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in November 2007. It was one of the first 20 countries to do so. But there was no fanfare, no nationally visible celebration and limited or no media coverage. Ordinary people with disabilities in South Africa's KwaZulu-Natal province were mostly unaware of the significant change in the disability context and whether it would have any impact on their lives.
The potential of children with disabilities to contribute to policy analysis - supporting children with disabilities become socio-economic rights activists : project review 2Source: ESR Review : Economic and Social Rights in South Africa 12, pp 18 –21 (2011)More Less
The Children's Act 38 of 2005 affirms the right of children to participate in all decisions affecting their lives. However, societal perspectives on the capacities of children inhibit the realisation of this right. An inordinate amount of attention is given to what children are 'unable' to do, instead of supporting the potential of their abilities (Lansdown, 2001). This is true for children in general and, in particular, for children with disabilities.
Source: ESR Review : Economic and Social Rights in South Africa 12 (2011)More Less
The World report on disability was launched by the World Health Organization (WHO) and the World Bank in June 2011. This, the first such report, is based on the Convention on the Rights of Persons with Disabilities. It makes a major contribution to our understanding of disability and its impact on individuals and society, and it highlights the various barriers that people with disabilities face: attitudinal, physical and financial. The report documents the current situation of people with disabilities, highlighting gaps in knowledge and stressing the need for further research and policy development.
International human rights and mental disability law: When the silenced are heard, M. Perlin : new publicationsSource: ESR Review : Economic and Social Rights in South Africa 12 (2011)More Less
This book draws attention to the conditions of persons with mental disorders, who are particularly vulnerable to abuse and violation of their rights. Mental disability law is one of the least understood areas of the law. The book sheds light on conditions of persons with mental disability by stimulating the debate on a social policy issue that remains a low priority for most nations.